N.Srinivasulu S/O. Chinna Penchalaiah v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE R. KANTHA RAO Writ Petition No.27787 of 2015 ORDER:

Heard Sri K. Rathangapani Reddy, learned counsel appearing for the petitioner, learned Government Pleader for Panchayat Raj and Rural Development and Sri MSR Chandra Murthy, learned special counsel for R.3 and R.4.

2. The petitioner is the Field Assistant of Kavali Mustapur Village, Kaligiri Mandal, SPSR Nellore District. In the social audit report, certain allegations were made against the petitioner with regard to misappropriation of amounts, for which an explanation was called for from him. The petitioner submitted his explanation and after conducting an enquiry, the 3rd respondent passed impugned order dated 06.06.2015 removing the petitioner from service as Field Assistant. The said order is impugned in the present writ petition.

3. Learned counsel appearing for the petitioner submits that the workers, whose amount the petitioner allegedly misappropriated, gave statements stating that the petitioner paid the amounts to them, but the said fact has not been taken into consideration. He further submits that the amount of penalty imposed is more than the amount which was allegedly misappropriated. In any event, since the petitioner preferred an appeal to the 2nd respondent, the petitioner can raise all his contentions before the Appellate Authority-2nd respondent.

4. Under these circumstances, the 2nd respondent is directed to dispose of the appeal/representation dated 12.07.2015 submitted by the petitioner, after considering the contentions put-forth by him and affording opportunity of hearing and pass final orders thereon, in accordance with the Rules, within a period of eight (8) weeks from the

date of receipt of a copy of this order.

5. The writ petition is accordingly disposed of. Miscellaneous petitions, if any, in this writ petition, shall stand closed. No order as to costs.

__________________ R. KANTHA RAO, J Date: 01.09.2015 Note: Furnish CC in two days (BO) BSS HON'BLE SRI JUSTICE R. KANTHA RAO URGENT Writ Petition No.27787 of 2015

Date: 01.09.2015 BSS